February 2016 - Iana-ipr - nro-apps-2.ripe.net

8 February Snapshots of IPR Document
by Greg Shatan 08 Feb '16

08 Feb '16

All, I attach Word and PDF snapshots of the document as of now. Please note the following: 1. The Word document retains all of the "suggestions" and comments in the Google Doc. While the commenter's initials are not part of the comment, the identity can be revealed by mousing over the comment. 2. The PDF is a PDF version of the downloaded Word document. The "download as PDF" option in Google Docs does not show any of the suggestions or comments (i.e., it shows the original state of the document, plus any actual "edits" made to it), so I have not used this option to create the PDF. Greg

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suggested changes that came up during IETF IANAPLAN list discussion
by Jari Arkko 08 Feb '16

08 Feb '16

We received two comments on the IANAPLAN discussion, and they look reasonable suggestions to me at least: 1. From Konstantinos Komaitis: > may I suggest one slight edit/amendment to consider in the following: > > c. The IETF Trust will hold, maintain and renew the IANA IP in accordance with good IP management practices and shall seek new territorial registrations based on the IANA IP as instructed by the IANA IP Reps. > > The language “good IP management practices” seems to be quite open-ended. Although every trademark owner should exercise, to the best of their abilities, good management of their IPR, there is no set framework of what this could mean — at least one that is generally acceptable or endorsed through law. So, this language could be subjectively interpreted to mean anything and it could, in theory at least, raise some potential issues of liability. I think it is important that the Trust does not do anything more than what the law prescribes in coordination with the operational communities. > > If I may suggest the following as an alternative - or something along those lines: > > c. The IETF Trust will hold, maintain and renew the IANA IPR in accordance with established legal requirements and shall seek new territorial registrations based on the IANA IPR as instructed by the IANA IP Reps and according to the applicable laws of each territory . 2. From John Levine: > For the most part I agree with the positive comments. > > >c. The IETF Trust will hold, maintain and renew the IANA IP in accordance with good IP management practices and > >shall seek new territorial registrations based on the IANA IP as instructed by the IANA IP Reps. > > I wouldn't be comfortable with "as instructed by" because I've seen > some impressively odd stuff from ICANN's lawyers. Also, there's the > chronic problem of lawyers telling you to spend $1000 to avoid a $100 > risk. (These are specifically not directed at the IETF's lawyer, who > understands things just fine.) > > I'd suggest "in consulation with" or similar language, to indicate > that the trust will listen to them but not take orders from them. > > As likely as not, it's not even legal to take orders from them, since > that leads to perverse results if one of the IP reps tells the trust > to do something that the trustees consider contrary to the purpose of > the trust or not in the interest of the other beneficiaries. followed up by me: > A good point, and I like your wording. In any case, the text that I posted > is very high-level language that needs to be realised in more detailed > contracts, but I think we are aware of your point. > > Also, “IANA IP Reps” refers to the operational community > representatives, so it isn’t necessarily lawyers. These are the communities > telling the trust something, in relation to their expectations. But > yes, as a general rule, leadership of any organisation needs to > be aware of the 1000 vs. 100 issue your raised. And John’s suggestion in general agreed by Stephen Farrell and Avri Doria. Jari

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Agenda for 8 Feb 2016
by Alan Barrett 08 Feb '16

08 Feb '16

Here’s a proposed genda for this morning’s call. 1. Confirm quorum requirements The earlier discussion seemed to suggest: * Greg Shatan * One or both of Lise Fuhr or Jonathan Robinson (CWG) * One or both of Alan Barrett or Paul Wilson (NRO) * One or both of Izumi Okutani or Nurani Nimpuno (CRISP) * One or both of Andrew Sullivan (IAB) or Jari Arkko (IETF) 2. Confirm open archive at https://www.nro.net/pipermail/iana-ipr/ 3. Access policy for draft Example Principal Terms of Intellectual Property Agreements document on google docs Should it be world readable? If so, then should editing be restricted? 4. Confirm non-controversial edits. I suggest that edits made on or before 31 January 2016, which have not received comments, should be accepted. 5. Discuss other edits. 6. Next steps. Alan Barrett

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Quorum and next meeting
by Alan Barrett 08 Feb '16

08 Feb '16

Dear all, On quorum, I think we have estabished that we need participation from: * Greg Shatan * One or both of Lise Fuhr or Jonathan Robinson (CWG) * One or both of Alan Barrett or Paul Wilson (NRO) * One or both of Izumi Okutani or Nurani Nimpuno (CRISP) * One or both of Andrew Sullivan (IAB) or Jari Arkko (IETF) Based on the doodle poll at <http://doodle.com/poll/ph2iakpvbkkrvfwr> I suggest that we hold the next call on Monday 8 Feb 2016, at 06:00 UTC. A few people have not yet filled in their availability for that time, but thoe who have filled in the poll are already sufficient for us to have quorum. Alan Barrett

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Doodle Poll February 2016
by German Valdez 03 Feb '16

03 Feb '16

Hi Please complete the poll for next week teleconference http://doodle.com/poll/ph2iakpvbkkrvfwr regards German

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